At 1:30 the COA will hear Karen Chance Richards v. Rickey Chance. It involves a property settlement agreement and whether a party may wait ten years to enforce the terms thereof.
The Chance’s were divorced and entered into a property settlement agreement. As part of the agreement Karen was to to pay one-half of the ad valorem taxes and insurance premiums on the parties’ Ocean Springs property. When Karen could not pay it, Rickey made the full payments from March of 2003 until September 5, 2013. According to Karen, the parties occasionally discussed the fact that, at some point, Mrs. Richards needed to begin paying her half. On September 5, 2013, Rickey made a written request for repayment. On October 23, 2013, he filed a motion for contempt. Karen made a payment for the insurance premium and ad valorem taxes for the year 2013. The court found Karen “in contempt of court, although not wilful contempt, and awarded attorney’s fees to [Rickey]. The judgment was for $34,122.55 judgment for ad valorem taxes and insurance premiums, and an award of attorney’s fees in the amount of $1,720.00.
Karen appealed. She argues that Rickey was barred by the doctrines of laches and equitable estopple from seeking repayment.
Karen Richards’ brief
Rickey Chance’s brief
Karen Richards’ reply
Watch the argument here